Chemical Testing

If you have been stopped on suspicion of drunk driving in Wisconsin, you have likely been asked to complete a chemical test to determine whether you are intoxicated. Chemical tests take three forms: breath, blood, and urine. The evidence that police officers obtain from these reports is often used as proof to establish a DUI case. Chemical tests are not foolproof, however, and they can often be refuted or attacked in court. At Reddin & Singer, LLP, a Milwaukee DUI lawyer can review your chemical test results and determine whether you may be able to mount a strong defense based on flaws in their administration.

Chemical testing is a routine part of traffic stops that are based on suspicion of intoxication. Typically, officers will conduct a breath or blood test, although urine tests may also be used on occasion. Breath tests are often conducted using an Intoximeter EC/IR II, which is a machine that measures the level of alcohol on one’s breath. During a traffic stop, a driver may be asked to give two breath tests. If your test returns a result of a blood alcohol content of .08% or higher, you may be charged with a DUI offense.

However, there are many errors that may occur during a breath test, so it is important not to take test results for granted. For instance, an officer may not be properly trained on how to use the Intoximeter EC/IR II, the machine may not be properly calibrated, the test may not have been provided according to proper procedure, or your breath may have been compromised by other substances. These are all reasons why a breath test should not be admitted in court in some situations.

Likewise, if a blood test is taken from you, usually at a police station, other types of errors may have occurred. Lack of training or poor technique by the official may result in errors, and problems can also arise when a laboratory sample is being tested. For instances, there may be contamination in the lab, a lack of proper inspections, or faulty test handling or procedures. For instance, if you were swiped with an alcohol swab prior to taking the sample in order to clean the site of the injection, this may contaminate a blood alcohol sample.

Considering the many ways that breath and blood tests can potentially be attacked in court, it is important to think carefully before refusing to complete a chemical test. Under Wisconsin law, anyone driving on a road in this state has given implied consent to be subjected to chemical testing during a traffic stop. This is known as the implied consent law. If you refuse to give your consent, your driver’s license will be immediately suspended. More importantly, the evidence of your refusal may be used against you in court to suggest that you were driving under the influence. For this reason, it may be better to fight your test in court than to withhold consent.

If you have recently been stopped on suspicion of driving under the influence and charged with a DUI, you may be facing a stressful situation. It is not uncommon for prosecutors to encourage people facing a DUI charge to accept a plea deal or bargain to avoid going to court. Before accepting such a deal, it is important to know whether you may be able to mount a successful defense, such as by attacking the chemical tests that were used. Our Milwaukee DUI attorney can assist you in thoroughly evaluating your options. We represent people in Milwaukee, Port Washington, Mequon, Racine, West Bend, Waukesha, and other cities in Milwaukee, Ozaukee, Racine, Washington, and Waukesha Counties. Call (414) 271-6400 or contact us online to schedule a free initial consultation with a criminal defense attorney.